Write short notes on the following: Jurisdiction of Civil Court under Insolvency Cases.
CS Professional · Insolvency - Law and Practice · PYQS · June 2024
Write short notes on the following: Jurisdiction of Civil Court under Insolvency Cases.
Answer & Explanation:
Section 63 of the Insolvency and Bankruptcy Code, 2016 excludes the jurisdiction of the Civil Courts. It provides that no civil court or authority shall have jurisdiction to entertain any suit or proceedings in respect of any matter on which National Company Law Tribunal (NCLT) or the National Company Law Appellate Tribunal (NCLAT) has jurisdiction under this Code. Section 180 of the Insolvency and Bankruptcy Code, 2016 provides that Civil Court not to have jurisdiction i.e. No civil court or authority shall have jurisdiction to entertain any suit or proceedings in respect of any matter on which the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal has jurisdiction under this Code. No injunction shall be granted by any court, tribunal or authority in respect of any action taken, or to be taken, in pursuance of any power conferred on the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal by or under this Code. Section 231 of the Insolvency and Bankruptcy Code, 2016 provides bar of jurisdiction stating that no civil court shall have jurisdiction in respect of any matter in which the Adjudicating Authority or the Board is empowered by, or under, this Code to pass any order and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any order passed by such Adjudicating Authority or the Board under this Code. In most jurisdictions, Civil Courts typically do not have jurisdiction over Insolvency Cases. Insolvency Cases, which involve matters such as Bankruptcy and Liquidation, are generally handled by specialized Insolvency or Bankruptcy Courts, or by relevant administrative bodies specifically established to deal with such matters. The rationale behind having specialized courts or administrative bodies for insolvency cases is to ensure that these cases are handled efficiently and in accordance with the Specific Laws and procedures governing insolvency proceedings. These specialized courts or bodies often have judges or officials with expertise in Insolvency Law and Procedures, which can help ensure that decisions are made effectively and fairly. However, there may be instances where civil courts have some involvement in insolvency cases, such as when disputes arise that are related to the insolvency proceedings but fall within the jurisdiction of the civil court. For Example, Civil Courts may have jurisdiction over contractual disputes between parties involved in an insolvency case or disputes over property rights that are affected by the insolvency proceedings. Overall, while Civil Courts may have some limited involvement in insolvency cases, the primary jurisdiction typically lies with specialized insolvency courts or administrative bodies.
Topics: Insolvency and Bankruptcy Code (IBC)
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